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Dickinson v Dodds
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Dickinson v Dodds | |
Court | Court of Chancery |
---|---|
Citation | 2 Ch. D. 463 (1876) |
Date decided | 1876 |
Appealed from | Property |
Facts
This case was litigated in England.
Case in 1 sentence: the early bird catch the worm
On Wednesday, June 10th 1874, John Dodds ("Dodds") offered in writing to sell a residential estate to George Dickinson ("Dickinson"). The written offer would remain open until 9 am, Friday.
Procedural History
- Dickinson = plaintiff = buyer1
- Allen = buyer2 = defendant
- Dodds = defendant = property seller
Dickinson sued Dodds & Allen.
Issues
1. Can an offerree (Dickinson) enforce an offeror's (Dodds) promise to hold an offer open for a definite time?
2. Can such an offer be revoked without an express statement?Holding
Lord Justice James: A promise to hold an offer open is not enforceable without consideration, & it can be implied revoked by the offeror's conduct.
Reasons
Lord Justice James: The timeframe to sell was part of the general offer, & therefore, not binding unless validly accepted.
Comments
Lord Justice James: Dodds (seller who gave a timeframe to sell his property) wasn't required to formally notify Dickinson that the offer was withdrawn before the 9 am, Friday deadline.
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